67-4a-1005. Evidence of unpaid debt or undischarged obligation.

257 words·~1 min read·/ut/title-67/chapter-4a/67-4a-1005·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/9/2017

(1)A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

(2)A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in Subsection

(1)or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

(3)A putative holder may overcome prima facie evidence under Subsection

(1)by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

(a)issued as an unaccepted offer in settlement of an unliquidated amount;

(b)issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;

(c)issued to a party affiliated with the issuer;

(d)paid, satisfied, or discharged;

(e)issued in error;

(f)issued without consideration;

(g)issued but there was a failure of consideration;

(h)voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or

(i)issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.

(4)In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.

Enacted by Chapter 371 , 2017 General Session